Mr. Joseph Aloba, father of the late Nigerian singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, has filed a notice of appeal at the Court of Appeal, Lagos Division, challenging the Lagos High Court’s ruling that upheld the legal advice clearing music executive Azeez Fashola (Naira Marley) and show promoter Balogun Eletu (Sam Larry) of any wrongdoing in his son’s death.
The appeal, filed by Aloba’s legal team led by Wahab Shittu, SAN, and Don Akaegbu, seeks to overturn the July 2, 2025, judgment delivered by Justice D.T. Olatokun. The judgment had supported the legal advice issued by the Lagos State Director of Public Prosecutions (DPP), which exonerated the two entertainment figures from involvement in Mohbad’s controversial demise.
In the appeal documents, Aloba contended that the trial court erred by treating the powers of the Attorney-General under Section 211(1) of the 1999 Constitution as absolute and beyond judicial review. He argued that such prosecutorial discretion must be exercised in the public interest and in pursuit of justice, not to shield individuals from accountability.
Citing legal precedent from Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, the appellant maintained that decisions of the DPP should be subject to scrutiny, particularly where public concern and potential abuse of legal process are involved.
Aloba urged the appellate court to set aside the ruling of the lower court and to grant an order of certiorari to quash the DPP’s legal advice (Reference No. LJP/HOM/2023/170), which he believes prematurely cleared Naira Marley and Sam Larry despite ongoing investigations.
The Attorney-General of Lagos State, Mr. Lawal Pedro, SAN, and the Director of Public Prosecutions were named as respondents in the appeal.
In an earlier ex parte motion filed before the Lagos High Court, Aloba had argued that the DPP’s actions undermined the integrity of the ongoing coroner’s inquest, which was launched on September 29, 2023, to investigate the circumstances surrounding Mohbad’s death.
According to him, critical witnesses summoned by the Coroner’s Court were released before testifying, while the police and DPP allegedly acted without informing the coroner, thereby obstructing the inquest’s statutory responsibilities.
The case continues to draw nationwide attention as the public awaits definitive answers on what led to the untimely death of the 27-year-old artist.